[HISTORY: Adopted by the Board of Trustees
of the Village of Sands Point 6-17-2003 by L.L. No. 3-2003.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed
former Ch. 84, Filling and Grading, adopted 9-21-1965 by Ord. No.
25, as amended.
[Amended 2-22-2022 by L.L. No. 1-2022[1]]
This chapter shall be known and may be cited
as the "Filling, Excavation, Grading, and Site Development Law" of
the Village of Sands Point.
[1]
Editor's Note: This local law also renamed this chapter from
"Filling, Excavation and Grading" to "Filling, Excavation, Grading,
and Site Development."
This chapter is enacted to protect the health,
safety, welfare and property of the Village of Sands Point, its residents,
and the health, safety, welfare and property of persons who may be
affected by filling, excavating or grading of land within the Village.
[Amended 2-27-2018 by L.L. No. 1-2018; 9-2-2021 by L.L. No. 4-2021]
A.
No work shall be performed or commenced for the filling,
excavating, grading, or development of land within the Village, except
preliminary surveying and engineering, unless a fill, excavation,
grading, and site development permit therefor has been issued by the
Village Clerk.
[Amended 2-22-2022 by L.L. No. 1-2022]
B.
All applications for such permit shall require a complete
plan of development for the affected land as described within this
chapter.
C.
The following work shall require only the approval
of the Building Inspector prior to issuance of a permit:
(1)
Excavation for a cellar, basement, swimming pool,
drainage or sanitary facility or for the foundation of any structures
to be built on the site.
[Amended 12-18-2023 by L.L. No. 15-2023]
(2)
Grading of land which does not change existing contours
of the land by more than two feet within 20 feet of a property line
or by more than six inches within five feet of a property line.
D.
Work exceeding any of the above-cited thresholds, or any site development
work, including altering the physical condition of vacant land for
use whether or not structures are to be constructed thereon, shall
require application to, and approval by, the Board of Appeals.
[Amended 2-22-2022 by L.L. No. 1-2022]
E.
Village work excepted. Filling, excavation and grading
performed by or on behalf of the Village shall be exempt from the
provisions of this chapter.
[Amended 2-27-2018 by L.L. No. 1-2018; 9-2-2021 by L.L. No. 4-2021]
A.
The development plan shall be comprehensive and fully
engineered and shall show:
(1)
All the property owned or controlled by the applicant
and all adjacent property within 200 feet of the applicant's property.
(1.1)
Statements affirming that the licensed professional that signed
and sealed the proposed site plan has visited the site prior to the
submission of the site plan to the Village, and that the existing
conditions shown on the site plan match the actual field conditions
at the time the site plan was submitted to the Village, shall appear
on the plans.
[Added 12-18-2023 by L.L. No. 15-2023]
(2)
Topography of the site drawn to a scale of not less
than one inch equaling 30 feet with existing and proposed contour
elevations using the National Geodetic Vertical Datum at an interval
of not less than two feet prepared by a licensed land surveyor.
(3)
All existing and proposed structures, drainage facilities,
creeks, streams or waterways.
(4)
Delineation of the limit of the area to be disturbed
and the actual area to be disturbed, shown in acres.
(5)
For areas of disturbance of one acre and greater,
a fully engineered erosion and sedimentation control plan signed and
sealed by a licensed professional.
(6)
All existing trees having a circumference greater
than 20 inches measured four feet six inches above the ground level,
locale and the type of trees.
(7)
Adequate provision to contain stormwater runoff from
the area of disturbance on the subject property as required by the
Village Engineer.
(8)
Construction data showing in detail the method by
which the applicant intends to comply with the requirements of this
chapter and a time schedule therefor.
(8.1)
The licensed professionals that signed and sealed the approved site plans showing BZA Site Work as that term is defined in § 103-1 of the Village Code, shall periodically inspect the site to ensure that the BZA Site Work conforms to the approved site plans.
[Added 12-18-2023 by L.L. No. 15-2023]
(9)
Such additional data and information as may be required by the Board
of Appeals or the Building Inspector of the Village.
B.
Where fill is to be placed on soil suspected to consist
of soft clay, silt, peat or bog, test borings shall be made through
such soils, and the logs of such borings shall be provided along with
an analysis by a professional soils engineer of the effect that the
proposed fill will have on such soils and/ or adjacent areas.
C.
Every plan for grading, site development work, or
excavation or placement of fill, must be submitted as part of a written
application, signed by the owner of the property which is the subject
of the application or the owner's duly authorized agent.
[Amended 2-22-2022 by L.L. No. 1-2022]
[Amended 2-27-2018 by L.L. No. 1-2018; 9-2-2021 by L.L. No. 4-2021]
A.
Each application filed with the Building Department shall be accompanied by the applicable application fees and deposits as provided in Chapter 82, Fees and Deposits.
B.
In any application requiring approval of the Board of Appeals, a separate application fee and deposit as provided in Chapter 82, to defray Village costs for legal, engineering, inspection, advertising and other services in connection with the application, shall be required. The applicant shall be chargeable with all such Village costs. If the estimate of such costs exceeds the amount of the deposit, such additional sum shall be deposited with the Village before any permit shall be issued. Any sums deposited in excess of actual costs shall be refunded to the applicant by the Village Clerk, who shall accurately record all costs incurred by the Village in connection with such application, provided that demand is made within six months after a certification of completion of work shall have been issued; on default in such demand, the said excess sum shall become the property of the Village and shall be paid into the general fund.
[Amended 2-27-2018 by L.L. No. 1-2018;9-2-2021 by L.L. No. 4-2021; 12-18-2023 by L.L. No.
15-2023]
A.
The Board
of Appeals shall hold a public hearing with respect to any plan submitted
for its approval. The Board may waive the hearing requirement in the
event of an emergency or other event in which the health, safety,
and welfare of property or persons may be imperiled.
B.
Before the
application will be heard, the applicant must provide notice of the
public hearing to property owners as shown on the latest assessment
roll within a radius of 200 feet of the subject property, in the manner
provided herein, and must file an affidavit as to the mailing of such
notices in accordance with this section with the Village not less
than five days before the public hearing. The notice of public hearing
shall be served to each affected owner identifying the subject property,
enclosing the official Village notice, and the date, time, and place
for the public hearing. The notice of public hearing shall be served
not less than 10 nor more than 20 days before the public hearing by
first-class mail, and by certified mail return receipt requested or
by a nationally recognized courier that can provide proof of delivery.
[Amended 1-23-2024 by L.L. No. 3-2024]
C.
The Village
shall cause a notice of the public hearing to be published in an official
newspaper of the Village at least five days prior to the public hearing.
[Amended 2-27-2018 by L.L. No. 1-2018; 9-2-2021 by L.L. No. 4-2021]
The Board of Appeals, or the Building Department, as applicable,
may impose such reasonable conditions to the approval of any plan
as it may deem necessary and adequate to assure that the work will
be carried out in accordance with this chapter, the Building Zone
Ordinance,[1] the Building Code and all other statutes, ordinances,
laws, rules and regulations applicable generally throughout the Village.
The Board of Appeals or Building Department may require the owner,
developer and/or contractor to furnish a surety bond in form, amount
and content satisfactory to the Board or Building Department to assure
completion of the work shown on the approved plan within specified
time limits and the performance of any other conditions or requirements
that may be imposed. In addition, the Board or Building Department
may require that a maintenance bond, up to five years in duration
and satisfactory to the Board or Building Department in form, amount
and content, be furnished upon the completion and acceptance of the
work, which bond shall assure the replacement or restoration of pavements,
curbs, drainage systems, fill, bulkheads, dikes or other work or installations
damaged or becoming defective because of settlement or because of
workmanship or use of inferior materials or from any other cause.
[Amended 2-27-2018 by L.L. No. 1-2018; 9-2-2021 by L.L. No. 4-2021]
All work and materials shall comply with the
requirements of this chapter, including the following:
A.
Filling.
(1)
All fill, regardless of area to be filled, shall be
clean fill consisting of sand or gravel or sandy or gravelly soils
or material determined by the Village Engineer to be suitable for
foundation purposes. Silts, sandy clays or silty clays, peat or other
highly organic swamp soils, wood or wood products, tree stumps or
branches, paper or paper products, metal cans or containers, construction
debris, asphalt or other trash, rubbish or garbage shall not be permitted
or used.
(2)
Fill must be graded to a stable elevation to be determined
by the Village Engineer or other person designated by the Board of
Zoning and Appeals to ensure proper drainage of the area involved
and the surrounding area.
(3)
Fill must be planted with grass or other vegetation
sufficient to prevent erosion.
(4)
The owner of the filled-in land, as well as the developer
and contractor, shall be responsible for any damage to public or private
property caused by grading, filling or excavating or other work undertaken
in the development of said land.
B.
Shorefront structures.
(1)
Bulkheads may be comprised of steel or other metal of equivalent
or greater durability, wood, poured concrete or stone. The materials
used for and the design in general of such structures shall be subject
to the approval of the Village Engineer or other person designated
by the Board of Appeals.
(2)
No bulkhead, whether a part of a general development
plan as provided in this chapter or a separate construction project,
shall be constructed unless and until a building permit therefor has
been issued by the Village.
(3)
The provisions of Chapter 76 of the Village Code relating to applications for a building permit, the issuance of a building permit and the issuance of a certificate of occupancy shall apply to the construction of all shorefront structures, and all shorefront structures shall be considered to be a structure within the meaning and definitions of said laws.
C.
Stormwater drains and appurtenances. Stormwater drains,
diffusion wells, catch basins and appurtenant structures shall be
constructed of a size and so located as to provide adequate drainage,
in conformity with the requirements of the Village Engineer, the Superintendent
of Public Works and all other statutes, ordinances, law, rules and
regulations applicable generally throughout the Village. All stormwater
drains must be of reinforced concrete or cast iron and shall be constructed
on a stabilized bed in conformance with the requirements of the Village
Engineer and the Superintendent of Public Works.
[Amended 2-27-2018 by L.L. No. 1-2018; 9-2-2021 by L.L. No. 4-2021]
The Board of Appeals or Building Department may impose such
additional requirements as it finds necessary or proper to protect
and preserve the safety, health, comfort and welfare of the Village
and its residents or to carry out the intent and purposes of this
chapter.
The Village Clerk, after approval pursuant to
this chapter directing the issuance of a permit has become effective
and after the receipt of such sum as may be required to reimburse
the Village for costs over and above the sum deposited for such purpose
and of performance bonds, if required, and the public liability insurance
policy, shall issue such permit in accordance with the approval.
[Amended 2-27-2018 by L.L. No. 1-2018; 9-2-2021 by L.L. No. 4-2021]
The Village Engineer, the Building inspector and such other
persons as may be designated by the Board of Appeals shall have full
right of inspection during the progress of the work. The Village Engineer
may cause tests to be made at the cost and expense of the owner, contractor
or developer of the building or premises, or of any work or materials
or to determine the nature and bearing capacity of the soil and any
physical condition or other condition as he may find necessary and
adequate to ensure compliance with this chapter and the building regulations
of this Code.
[Amended 2-27-2018 by L.L. No. 1-2018; 9-2-2021 by L.L. No. 4-2021; 2-22-2022 by L.L. No. 1-2022]
Upon completion of a fill, site development, or excavation or
grading operation hereunder, the person to whom the permit therefor
has been issued shall submit to the Village Engineer a certificate
from a competent professional engineer, licensed by the State of New
York, that the work has been completed in accordance with this chapter
and the Decision and Order of the Board of Appeals directing the issuance
of such permit, together with a survey showing the final grades.
[Amended 12-18-2023 by L.L. No. 15-2023]
The applicant for a permit hereunder shall,
before the issuance thereof by the Village Clerk, file with the Village
Clerk, at its or the applicant's own expense and without any expense
to the Village:
A.
A bond with a surety licensed and authorized to do
such business in the State of New York, in an amount fixed in either
the Building Department approval or the Board's resolution and in
such form approved by the Village Attorney, and with the conditions,
if any, imposed directing the issuance of said permit, and a policy
of public liability insurance with independent contractors and contingent
liability coverage in the name of the Village of Sands Point, its
trustees, officers and employees, both officially and personally,
at the expense of the applicant and without cost to the Village, against
any liability which may arise from the removal or deposit of material
under such permit, whether or not the act or omission complained of
is the applicant's or any individual employed by the applicant or
by the Village and covering any and all damage which may occur within
two years after completion of the operation under such permit, in
amounts, unless otherwise specifically required by the Village, of
not less than:
B.
A bond in an amount fixed in the Building Department
and Village Engineer approval or resolution, and in such form as approved
by the Village Attorney, guaranteeing to the Village that any and
all damage to Village roads or other Village property caused by the
work performed under said permit shall be repaired to the satisfaction
of the Village Engineer. By Resolution of the Board of Appeals on
the recommendation of the Village Engineer, the amount of the bond
may be increased.
The applicant shall, by the acceptance of a
permit hereunder, take and assume all responsibility for any and all
operations thereunder and shall take all precautions necessary for
the prevention of injuries to persons and property by reason of such
operations and shall assume the defense and indemnity of and save
harmless the Village, its officers and employees from any and all
claims arising out of or connected with operations under such permit
and any and all acts, omissions or negligences on the part of the
applicant and his agents and employees.
All operations under any permit issued pursuant
to this chapter shall be done in such a manner that the removal of
material and the redepositing and storage thereof will neither undermine,
weaken nor deprive of support other lands in the vicinity, nor otherwise
adversely affect the waterways in the Village or adjacent to the Village
land, the lands abutting thereon, nor, unless the permit issued pursuant
hereto shall expressly provide otherwise, substantially change the
course of any channel or the natural movement or flow of any waters
or cause to accelerate the drift of underwater soil, sand, gravel,
bog or mud.
A.
If the Building Inspector shall determine that any
work performed or intended to be performed or any materials used or
intended to be used do not comply with the approved permit or the
development plan, any permit conditions imposed or any relevant provision
of this chapter, he may order the work affected by his determination
to be stopped until he is satisfied that the violations have been
remedied.
B.
The applicant may appeal, in writing, to the Board
of Appeals from such order of the Building Department and, upon such
appeal, the Board of Appeals may affirm, modify or reverse the determination
appealed from.
[Amended 2-27-2018 by L.L. No. 1-2018; 9-2-2021 by L.L. No. 4-2021]
If any person to whom a permit shall have been issued hereunder
shall fail at any time to comply with the provisions of this chapter
or with the conditions imposed directing the issuance of such permit,
he shall, upon the direction of the Building Inspector, immediately
suspend all operations under such permit for such period as may be
prescribed by the Building Department, not exceeding 30 days, and,
upon the direction of the Building Department or Board of Appeals,
shall cease all such operations and remove all equipment used in connection
therewith and restore the area to its original condition or such other
condition as deemed appropriate by the Building Department and, upon
direction of the Board of Appeals, such permit shall be void, but
the suspension and revocation of such permit shall not relieve the
permittee of any of his obligations thereunder.
[Amended 2-27-2018 by L.L. No. 1-2018]
A.
A violation of any provision of this chapter by the owner, general
agent or contractor of a building or premises where such violation
has been committed or shall exist, and the lessee or tenant of an
entire building or entire premises where such violation has been committed
or shall exist, and the general agent, architect, builder, contractor
or any other person who knowingly commits, takes part or assists in
any such violation or who maintains any building or premises in which
such violation shall exist, shall be liable for:
(1)
A fine not exceeding $3,000 for a conviction of a first offense;
for a conviction of a second offense, both of which were committed
within a period of five years, punishable by a fine not less than
$3,000 nor more than $5,000; and upon conviction for a third or subsequent
offense, all of which were committed within a period of five years,
punishable by a fine not less than $5,000 nor more than $7,000; or
(2)
A civil penalty not exceeding $3,000 for a first offense; for a conviction
of a second offense, both of which were committed within a period
of five years, a civil penalty of not less than $3,000 nor more than
$5,000; and upon conviction for a third or subsequent offense, all
of which were committed within a period of five years, punishable
by a civil penalty not less than $5,000 nor more than $7,000.
B.
Each week's continued violation shall constitute a separate additional
violation, for which separate and additional fines and punishment
or civil penalties may be imposed and recovered.
C.
In the event the penalty sought is within the monetary jurisdiction
of the Justice Court, as established in Article 18 of the Uniform
Justice Court Act, such action to recover such penalty may, as shall
be determined by the Village Attorney, be commenced in the appropriate
court as a small claim action.
D.
The imposition of a penalty or fine as provided above or as specifically
provided in any chapter of the Village Code or local law, ordinance,
rule or regulation of the Village shall be in addition to any injunctive
or remedial relief for any civil penalty which is authorized under
the laws of the Village of Sands Point, with the same force and effect
as though provided for herein. Such penalty or fine shall not be deemed
to be in lieu of any provision for revocation or suspension of any
license or permit.
This chapter is remedial and shall be construed
liberally to carry out its stated purpose.
